JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dis-satisfied by the judgement and award dated 7.2.2018 passed by Motor Accident Claims Tribunal (Aux.), Palanpur in Motor Accident Claim Petition No.90 of 2017, the appellants-original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”)

2. Heard Mr. Kaash Thakkar, learned advocate appearing for the appellants and Mr. Tanmay Karia, learned advocate appearing for respondent No.3 – IFFCO Tokyo General Insurance Co. Ltd. As the liability is not denied, presence of respondent Nos. 1 and 2 is not essential for deciding the present appeal and with the consent of learned advocates appearing for the parties, the appeal is taken up for final disposal forthwith.

3. Draft amendment submitted by the appellants to enhance the appeal stands allowed. The same may be carried out forthwith.

4. Following facts emerge from the record of the appeal.

4.1. According to the appellants-claimants, deceased Narendrasinh @ Kalusinh Champaksinh Dabhi was proceeding towards village Aatrol